RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
READ CAREFULLY – SIGNING THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
This Release of Liability and Indemnification Agreement (“Agreement”) is entered into by the Adult Participant, and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s), their heir, successors and assigns (collectively “Participant”). In consideration of Nadezda Petrovicova permitting the Participant to participate in Activities (as defined in Section 1), including Activities that may occur in, about or near 18549 Split Rock Lane, Germantown, Maryland, 20874, Participant’s own property or any other public area used to carry out the Activity (“Premises”), the Participant acknowledges and agrees as follows:
1. NATURE OF THE ACTIVITY. Nadezda Petrovicova offers Hatha Yoga instruction which offers the Participant the opportunity to actively participate in Hatha Yoga and other yoga related activities (“Activities”), including, but not limited to, bending (forward bending, backward bending, side bending), spinal twisting, inversions, balancing on one or both legs, arms, head, muscle stretching, breathing exercises, relaxation, meditation. The Activities may require the use of yoga props, including, but not limited to yoga mat, yoga belt, yoga blocks, yoga stretch band, yoga cushion, yoga bolster; physical touch; complimentary practices, including, but not limited to sound healing and aromatherapy.
2. TYPES OF RISKS.
2.1 RISKS AND INJURIES ASSOCIATED WITH ACTIVITIES. Participant acknowledges that there are inherent risks and injuries that may occur from participating in the activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; negligent maintenance of equipment; muscle strain; twisted or sprained ankles, wrists, knees, hips, shoulders; physical or emotional injuries; over-exertion; using improper form or technique; slipping; tripping; falling; error of judgement by the Participant or by Nadezda Petrovicova; property theft or damage.
2.2 ACTIVITY CONTRAINDICATIONS. Participant acknowledges that there are inherent contraindications that may affect the safety of the Activity and increase the risk of injury, including death. The contraindications may require specific alternations and/or limitations to the Activities, including, but not limited to, posture modifications; increased hands-on support by Nadezda Petrovicova; avoidance of contraindicated postures; increased use of yoga props and equipment, including, but not limited to, chairs, bench, wall, yoga cushions, yoga belts, yoga blocks, yoga bricks, yoga bolsters, yoga mat, elastic band. The contraindications include, but are not limited to, heart problems; imbalance in the ear fluid; fracture; unsteady blood pressure; unsteady sugar levels, diabetes, glaucoma; infectious diseases (as specified in Section 2.3); joint and bone problems, including, but not limited to, fractions, arthritis, osteoarthritis, osteoporosis, gout, dislocations; gastro-intestinal disorders and malfunctions; cardio-vascular disorders; emotional imbalance; hormonal imbalances; mental illnesses, including, but not limited to, depression, anxiety, phobias, insomnia, eating disorders, post-traumatic stress disorder, personality disorders. The Participant, if suffering from any of the above mentioned conditions, agrees to participate in the Activity specifically modified to his/her needs by Nadezda Petrovicova and acknowledges that failure to inform Nadezda Petrovicova in writing about any contraindications experienced by the Participant prior to participation in the Activity may lead to increased risk of bodily or emotional injury, including, but not limited to, worsening of the Participant’s medical condition, short-term or long-term physical or mental disability or death.
2.3 EXPOSURE TO BACTERIA, FUNGI, VIRUSES AND UNKNOWN CONTAGEUS DISEASES. When engaging in the Activity, there is a risk of exposure to bacteria, fungi, viruses and unknown contagious diseases, including COVID-19, which notwithstanding governmental recommendations and the practices of Nadezda Petrovicova, cannot be eliminated.
CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF RELEASES, AND SHALL INDEMNIFY NADEZDA PETROVICOVA FROM ALL CLAIMS (AS DEFINED IN SECTION 5 BELOW) OR BODILY IMJURY RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKOWN CONTAGEOUS DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO PARTICIPANT’S ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES, FURTHER, BY SIGNING THIS DOCUMENT, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THAT OF THE CHILD PARTICIPANT(S) CONFIRMS THAT THEY DO NOT EXPERIENCE ANY VISIBLE SYMPTOMS ARISING FROM CONTRACTION OF ANY BACTERIA, FUNGUS, VIRUS AND UNKNOWN CONTAGEOUS DISEASE AND THEY UNDERSTAND THAT NADEZDA PETROVICOVA RESERVES THE RIGHT TO TERMINATE THE LESSON WITHOUT COMPENSATION IF ANY OF THE SYMPTOMS ARE NOTICED.
3. ASSUMPTION OF RISKS. Notwithstanding the foregoing risks and safety measures implemented by Nadezda Petrovicova, the Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s physical condition and skill level. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT
KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES.
4. ALCOHOL. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT HAS CONSUMED ALCOHOL.
5. CODE OF CONDUCT AND SEXUAL CONDUCT. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT DISPLAYS ANY KNID OF DISRESPECTFUL BEHAVIOUR, INCLUDING, BUT NOT LIMITED TO, SEXUAL HARASSMENT, DISCRIMINATION, BULLYING, INAPROPRIATE LANGUAGE, SUGGESTIONS, OFFERS, INAPROPRIATE TOUCH AND ANY DISPLAYS OF AGGRESSION AND VIOLENCE. PARTICIPANT ACKNOWLEDGES THAT NADEZDA PETROVICOVA RESERVES THE RIGHT TO TERMINATE PARTICIPATION IN ALL ACTIVITIES WITH IMMEDIATE EFFECT AND WITH NO COMPENSATION TO PARTICIPANT IF SUCH BEHAVIOUR IS DISPLAYED BY THE PARTICIPANT. PARTICIPANT FURTHER ACKNOWLEDGES THAT DISPLAYS OF VIOLENT BEHAVIOUR AND SEXUAL HARASSMENT WILL BE REPORTED TO THE RELEVANT LOCAL AUTHORITIES. Participant acknowledges that Nadezda Petrovicova may use physical touch to ensure safe, correct and effective participation in the Activities, including, but not limited to, placing hands on hips, back, shoulders, arms, knees, feet, hands, neck, head; pressing; pulling; rotating; lifting; aligning. Participant acknowledges that Nadezda Petrovicova will verbally notify Participant prior to using physical touch. PARTICIPANT RELASES THE PROTECTED PARTY FROM ANY AND ALL CLAIMS THAT MAY ARISE REGARDING THE USE OF PHYSICAL TOUCH, INCLUDING ANY CLAIMS OF BODILY AND EMOTIONAL INJURY, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS.
6. RELEASE AND INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO SUE, AND SHALL INDEMNIFY AND DEFEND NADEZDA PETROVICOVA AND/OR THE OWNER OF THE PREMISES, FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (A) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (B) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.
7. DISPUTE RESOLUTION.
A. ARBITRATION. Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premisses, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settle by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time of demand for arbitration is filed. Judgement on the arbitration award may be entered in any federal or state court having jurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq.
B. WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF OR THEIR MINOR DEPENDANT AND NADEZDA PETROVICOVA KNOWINGLY, WILLINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right parties would or might otherwise have had under the Constitutions of the United States of America and the state in which the Premises is located, or the Activities are carried out.
8. LICENSE. Participant irrevocably grants Nadezda Petrovicova the right to use all or a portion of an image or video of Participant with the mention of their first name and likeness in all forms and media including composite or modified representations for the purposes of advertising, trade or any commercial purpose throughout the world and in perpetuity and without compensation. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APROVE VERSIONS OF IMAGES OR VIDEOS OF HIM/HER OR THEIR MINOR DEPENDANT USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGE/VIDEOS. PARTICIPANT RELASES THE PROTECTED PARTY FROM ANY AND ALL CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFEMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
9. AUTHORITY. If Adult Participant signs this Agreement on behalf of his spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to Protected Party that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and licence.
10. ACKNOWLEDGEMENTS. Participant represents to the Protected Party that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by Protected Party has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant is not relying on any statements or representations of the Protected Party that are not expressively contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located or in which the Activities are carried out and that in any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Value for any action brought hereunder or due to the Participant’s use of the Premises, presence on the Premises, or participation in the Activities shall lie in the County in which the Premises is located, or the Activities are carried out. The substantive laws of the state in which the Premises is located, or the Activity is carried out apply.
11. REPRESENTATIONS BY THE PARTICIPANT. Participant represents to the Protected Party as follows:
A. Participant shall obey all rules and guidelines while participating in the Activity as set in Service Agreement and Terms of Use.
B. Participant shall follow the instructions and directions given by Nadezda Petrovicova whist engaged in the Activity or at the Premises.
C. Participant shall only attempt Activities that Participant can safely perform under the directions of and supervision by Nadezda Petrovicova.
D. Participant is not aware of any health complications that would prevent him/her from participating in the Activity and that all known medical conditions are disclosed to Nadezda Petrovicova in writing prior to participation in the Activities.
E. Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities.
F. Nadezda Petrovicova may, but is not obliged or required to, administer to Participant emergency aid CPR, use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS), and if said emergency medical care or transportation is secured, Participant shall assume all costs of emergency medical care and transportation.
G. Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, dizziness, shortness of breath, physical manifestations of anxiety, abnormal muscle and joint pains, headaches, chest pains, and/or abnormal heart palpitations).
H. Participant consents to Nadezda Petrovicova using to use physical touch as described in Section 5 as and if needed to ensure safe, correct and effective participation in the Activities.
I. Participant consents to Nadezda Petrovicova communicating with Participant via telephone or email and to receiving from Nadezda Petrovicova any Activity related correspondence, promotions and commercial messages. Participant acknowledges that Participant may be charged by his/her service provider for receiving and responding to such messages. Participant acknowledges that he/she may revoke his/her consent at any time.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SET FORTH HEREIN.